East Suffolk Council (North)East Suffolk House Riduna Park

Ivy House Country Hotel

Beccles Road, Lowestoft, Suffolk, NR33 8HY

Completed application 006181 which is a New Application for Premises Licence from 03/02/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• a performance of dance
• provision of late night refreshment
• the supply of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  Where a premises licence authorises the sale of alcohol, the licence must include the following conditions:

   

  1. (1)  No supply of alcohol may be made under the premises licence -

   

           At any time when there is no designated premises supervisor in respect of the premises, or

           At a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

   

  (2)               Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  2.  (1) The responsible person must ensure that staff on relevant premises do not carry

       out, arrange or participate in any irresponsible promotions in relation to the premises.

   

       (2) In this paragraph, an irresponsible promotion means any one or more of the following

  activities, or substantially similar activities, carried on for the purpose of encouraging the

       sale or supply of alcohol for consumption on the premises-

  (a) games or other activities which require or encourage, or are designed to require or

  encourage, individuals to-

  (i) drink a quantity of alcohol within a time limit (other than to drink alcohol    sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

  (ii) drink as much alcohol as possible (whether within a time limit or otherwise);

  (b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or

  discounted fee to the public or to a group defined by a particular characteristic in a

  manner which carries a significant risk of undermining a licensing objective;

  (c) provision of free or discounted alcohol or any other thing as a prize to encourage

  or reward the purchase and consumption of alcohol over a period of 24 hours or

  less in a manner which carries a significant risk of undermining a licensing

  objective;

  (d) selling or supplying alcohol in association with promotional posters or flyers on, or

  in the vicinity of, the premises which can reasonably be considered to condone,

  encourage or glamorise anti-social behaviour or to refer to the effects of

  drunkenness in any favourable manner;

  (e) dispensing alcohol directly by one person into the mouth of another (other than

  where that other person is unable to drink without assistance by reason of

  disability).

   

  3. The responsible person must ensure that free potable water is provided on request to

  customers where it is reasonably available.

  4. (1) The premises licence holder or club premises certificate holder must ensure that

      an age verification policy is adopted in respect of the premises in relation to the sale or

      supply of alcohol.

     (2) The designated premises supervisor in relation to the premises licence must ensure

      that the supply of alcohol at the premises is carried on in accordance with the age

      verification policy.

      (3) The policy must require individuals who appear to the responsible person to be under

      18 years of age (or such older age as may be specified in the policy) to produce on      request, before being served alcohol, identification bearing their photograph, date of birth and either-

  (a) a holographic mark, or

  (b) an ultraviolet feature.

   

  5. The responsible person must ensure that-

  (a) where any of the following alcoholic drinks is sold or supplied for consumption on

  the premises (other than alcoholic drinks sold or supplied having been made up in

  advance ready for sale or supply in a securely closed container) it is available to

  customers in the following measures-

  (i) beer or cider: ½ pint;

  (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and

  (iii) still wine in a glass: 125 ml;

  (b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

  (c) where a customer does not in relation to a sale of alcohol specify the quantity of

  alcohol to be sold, the customer is made aware that these measures are available.”

   

   

  6.  A relevant person shall ensure that no alcohol is sold or supplied for consumption  on or off the premises for a price which is less than the permitted price.

   

  6.1  For the purposes of the condition set out in paragraph 1

   

                    (a) “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

   

                   (b) “permitted price” is the price found by applying the formula-

   

  P = D + (D×V)

  where-

   

  (i)              P is the permitted price,

   

  (ii)              D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and

   

  (iii)              V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

   

  (c) “relevant person” means, in relation to premises in respect of which there is in force a premises licence

   

  (i)              the holder of the premises licence,

   

  (ii)              the designated premises supervisor (if any) in respect of such a licence, or

   

  (iii)              the personal licence holder who makes or authorises a supply of alcohol under such a licence;

   

  (d) “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

   

  (e) “value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994.

   

  6.2  Where the permitted price given by Paragraph (b) of paragraph 2 would (apart  from this   paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

   

  6.3  (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of

  paragraph 2 on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.

   

  (2) The permitted price which would apply on the first day applies to sales or supplies of alcohol    which take place before the expiry of the period of 14 days beginning on the second day.

   

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  Where previous licence is restaurant or residential licence             

                             

                              Alcohol may be sold or supplied:             

                             

  1)              On weekdays, other than Christmas Day, Good Friday or New Year's Eve from 11 am to 12 pm.             

                             

  2)              On Sundays, other than Christmas Day or New Year's Eve, and on Good Friday:  12 noon to 11.30 pm             

                             

  3)              On Christmas Day:  12 noon to 11.30 pm             

                             

  4)              On New Year's Eve, except on a Sunday, 11 am to midnight;             

                             

  5)              On New Year's Eve on a Sunday, 12 noon to 11.30 pm             

                             

  6)              On New Year's Eve from the end of permitted hours on New Year's Eve to the start of permitted hours on the following day, which would be 11.00 am if New Year's Day falls on a weekday or 12 noon if a Sunday.

   

   

  1              The Licence holder/DPS shall implement the Challenge 21 scheme ensuring prominent signage is displayed throughout the premises and staff are trained in its operation 8              The Licence holder/DPS shall implement an ejection policy ensuring all instances of drunkeness, disorder, drug use or violence are challenged, resulting in the ejection or retention of the individual(s) and under serious circumstances, consideration shall be given to their permanent exclusion from the premises in the future.             

                All such instances must be notified to the Police at the time of happening or as soon as possible thereafter using the appropriate method, emergency or non emergency contact depending on the circumstances. Where an offence of violence has been committed the premises management will take all reasonable steps to identify the offender and pass the identity to the Police as soon as is reasonably practicable.

   

  2              The Licence holder/DPS shall ensure that all staff engaged in the sale of alcohol be given suitable training in responsible alcohol retailing. Training records shall be kept on the premises and produced to the Police and authorised Local Authority Officers on demand. For the avoidance of doubt this training can be adminstered in-house in accordance with the relevant criteria. Training will be reviewed on a six monthly basis.

   

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  1              No noise from live or amplified music (Leq, 5min) held within the approved marquee shall, as measured or calculated at a distance of 265 m away from the marquee, exceed the 'Background noise levels' across all octave bands as specified in tables 3 and 4 of the Adrian James Acoustics Limited 'Technical Report' (10956/1A) (reproduced below in table 1).              

                             

                                                                                                                         Octave band (Hz)             

                                                                                 63    125      250   500   1k                  2k    4k     8k          A             

  SPL at nearby residences prior to 0000 hours  37.0              22.6   16.2   19.5   21.9 15.6  11.3  10.9    25.1             

  SPL at nearby residences after 0000 hours                  33.5              23.3              12.6   14.6  14.0    9.9  10.8  10.9   19.8             

                Table 1. Representative background noise limits at a distance of 265 m.

   

  2        Prior to commencing use of the approved marquee the applicant will undertake an exercise to establish the maximum music levels (Leq, 5 min) which would be permissible within the marquee that protect the 'Background noise levels' detailed in condition 1. The maximum music levels (Leq, 5 min) and the methodology employed to devise them are subject to the written approval of the Licensing Authority.             

   

  3        Prior to commencing any use of the proposed marquee the applicant will install a dedicated sound system. The design, specifications, installation and configuration of the sound system, including any limits set, must be agreed in writing by the Licensing authority prior to commencing use of the marquee. The approved sound system will incorporate a sound limiter.              

                             

                As a minimum the approved sound system and sound limiter must:              

                o              include a visual indicator which warns live bands and staff when the approved maximum music levels (Leq, 5min) set by condition 2 are likely to be and have been exceeded;             

                o              be set up and configured to impose automatic sanctions, in the form of shutting off the power supply to the approved sound system, when the maximum music levels (Leq, 5min) set by condition 2 are exceeded; and              

                o              log and store sound levels resulting from all live and recorded music performed within the marquee, including sound checks.

   

  4              No changes or alterations may be made to the approved installed and configured sound system and sound limiter without the prior written approval of the Local Licensing Authority. Other than the approved sound system no amplification, sound mixing or ancillary equipment shall be operated within the marquee without prior written approval from the Licensing authority. All amplified live or recorded music and any other amplified sounds within the marquee must be processed through the approved sound system only.

   

  5              The sound level data logged by the approved sound system and limiter will be stored for a minimum period of 6 months. This data will be supplied to the planning or licensing authorities on request.

   

  6              Prior to commencing any use of the marquee a written Noise Management Plan (NMP) must be submitted to and approved in writing by the Local Licensing Authority. The NMP should detail all possible noise sources associated with use of the marquee and how the business will be managed and run in order to mitigate the noise from each source. The NMP should take account of published good practice guidance such as that within the Institute of Acoustics Good Practice Guide on the Control of Noise from Pubs and Clubs.

   

  7              Any changes to the approved NMP require the written prior approval of the Licensing authority. Noise from any activities associated with the marquee shall be managed in accordance with approved NMP.